HomeMy WebLinkAbout2001-02-20 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 20, 2001
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Tuesday, February 20, 2001, at 3:00 p.m. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City
Manager Johnson, City Attorney Luwe (for afternoon session), Staff Attorney Day-Moore (for evening
session) and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that confirmation of the City's financial commitment to
installation of fire lines in the downtown area be removed from the COnsent Items for discussion.
Minutes - January 18, January 24, January 31, February 7, 2000, and January 26 and 27,
January 30, February 5 and February 12, 2001
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of
the meetings of January 26 and 27 and February 12, 2001, be approved as submitted and that the
minutes of the meeting of February 5, 2001, be approved as amended. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost,
Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24,
January 31 and February 7, 2000 and January 30, 2001, to a later date.
Presentation of Victim Witness grant application - Gloria Edwards
Included in the Commissioners-' packets was a memo from Gloria Edwards dated February 15,
forwarding information on the grant application for the victim witness program for Fiscal Year 2001
2002.
Ms. Gloria Edwards, Victim Witness Program Director, forwarded the application, noting it is
for the same level of funding as the past two years. She noted, however, that they may seek an
additional contribution from the City, in light of conversations between the City Attorney and the
County Attorney.
Responding to Mayor Youngman, Ms. Edwards stated that the City's portion of the costs is
funded through the witness fees. If the bill currently before the Legislature is passed, it will generate
2~ times the amount generated under current statutes; and any monies not used locally for victim
witness programs can be sent to the State's program in Helena.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
authorize and direct the Mayor to sign a letter of support for this application. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley,
Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none.
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Discussion re economic impact study prepared by Bay Area Economics for WalMart expansion project
Previously distributed to the Commissioners were copies of the Economic Impacts Analysis of
WalMart Expansion, dated February 1,2001, as prepared by Bay Area Economics (BAE), and a memo
from BAE, dated February 2, forwarding additional responses.
City Manager Johnson asked the Commission to identify the next step in the process, now
that the economic impact study has been completed.
Commissioner Kirchhoff noted that the estimate of wages changed significantly between the
draft and the final report, as well as the definition of full-time employees. He stated that wages were
estimated at $6 million in the draft, and increased to $8% million in the final report, although no
breakdown on those wages was provided. He indicated that is one of the few changes made
between the draft and the final report.
Mayor Youngman stated she feels there is adequate information in the report to identify a
connection between this project and affordable housing, as well as impacts on grocery stores and the
downtown area. She stressed the importance of identifying conditions to protect the public welfare
when considering the formal application for expansion.
Commissioner Smiley distributed copies of code information from Ireland regarding size caps
for stores across the country, except around Dublin. She suggested that WaIMart is both part of the
problem and part of the solution, since the store sells at lower prices but also pays Iow wages.
Commissioner Kirchhoff stated the picture that emerges from the study is that impacts from
land development patterns, traffic patterns and downtown core traffic patterns are issues to be
addressed, with some suggestions for action being included in the report. He noted that he has seen
these same suggestions in impact studies for other cities.
Mr. Brian Gallik, attorney representing WalMart, stated the company is interested in knowing
what the ground rules are for proceeding now that the impact study is complete.
Commissioner Kirchhoff stated he views the impact study as one more piece of information
to be considered when reviewing the site plan.
Senior Planner Dave Skelton stated that the Planning Office received a major site plan
application last year; and processing of that application was put on hold until this study was
completed. He noted the property owner is now ready to proceed with annexation and the applicant
is ready to proceed with the major site plan. He suggested that a work session with the Commission
prior to the public hearing on the major site plan would help staff identify issues to be addressed
during the review.
Commissioner Smiley voiced concern about the long, straight facade on the preliminary design
submitted to the Commission, and stressed the importance of having it broken up. She also asked
that the amount of parking be decreased.
Mayor Youngman stressed the importance of recognizing that the Commission is simply
acknowledging the applicant has met the condition of providing an impact study and may now move
to the next step in the process, and is not indicating how it might act on that application.
Review budgetary .qoals and draft responses for Fiscal Year 2001-2002 budget, based on Commission
work sessions
Included in the Commissioners' packets was a draft listing of the Commission's priority goals
for Fiscal Year 2001-2002, along with the budgetary responses, as prepared by City Manager Clark
Johnson.
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City Manager Johnson asked if the information he has submitted needs to be revised prior to
inclusion in the budget book. : .
Mayor Youngman noted that GalaVan has not yet submitted a formal request; however,
members of the organization have indicated they are expanding their program and will be seeking the
whole mill for next year. The Commissioners concurred that would be acceptable.
MayorYoungman provided an uPdate .on the VISTA program, noting that the City will be
unable to get vOlunteers under the camPus compact program next year. As a result, there will be at
least a few months that the City will be without any'VISTA volunteers, at a fragile point in developing
InterNeighb0rhood Councils. She also noted that~ under the normal application process, a two-person
project is smaller than VISTA likes to cOnsider; and it may be necessary to identify a larger program,
possibly in partnership with non-profit organizations, that could utilize four or five volunteers. The
Mayor indicated .that, if the Commission concurs; she will proceed with an application for VISTA
volunteers; the Commissioners concurred.
commissioner Kirchhoff raised questions about the budgetary response to code compliance,
stating it was his understanding that code enforcement was identified as a high priority to be funded
if possible, particularly in light of the number of complaints received over a period of time. He also
noted it appears a new position could be revenue neutral or possibly revenue generating.
Mayor Youngman stated that, during discussion, it was determined that neighborhood groups
could possibly seek voluntary compliance, thus alleviating some of the load on the code compliance
officer. She 'noted that the group could also serve as a filter and submit any infractions not voluntarily
corrected to-the officer for action. She indicated a willingness to trY this approach before hiring
another officer. ·
Commissioner Frost noted that; since one aspect of this program pertains to law enforcement,
it may be possible to obtain some support through the Police Department. He compared this to the
neighborhood watch .program, suggesting that it may lead to a reduction in the code compliance
officer's workload.
Commissioner Brown stated'that if a new position could be revenue neutral, he would be
willing to consider it.
Mayor Youngman stated that, while she would be willing to consider another officer, she
recognizes the upcoming budget is very tight. She. noted, however, she would be willing to forward
this issue during a town meeting on the budget.
The Mayor requested that the budgetary response on code compliance be expanded to reflect
that this is a pilot program.
Commissioner Frost stated it is impOrtant to identify the strains that growth is placing on City
services, such as street, park and sidewalk maintenance. Mayor Youngman voiced her concurrence,
asking that staff provide charts on trending and patterns to educate the public.
Mayor Youngman requested that the comments on neighborhood councils be expanded to
include reference to InterNeighborhood Councils.
Mayor Youngman aSked that the budgetary response under park maintenance be expanded to
indicate that monies from the general fund could be used for park development if a park maintenance
district is created.
Responding to comments frOm Planning Director Epple, City Manager Johnson confirmed that
staff's proposal to add an architect to the Planning staff was designed to provide assistance early in
the application process, to ensure "no surprise" expedited review processes on development
proposals.
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Mayor Youngman asked if the Commissioners are interested in holding a town meeting to
present the budget proposals to the public; the Commissioners indicated support. Responding to the
Mayor, Administrative Services Director Gamradt stated he can prepare Charts for that meeting, to
reflect the trends she had previously identified. The City Manager asked that the .Commissioners
allow staff to find a location and identify a possible date for the town meeting; the Commissioners
concurred.
Mayor Youngman noted that a City newsletter will be forthcoming in the next couple weeks,
and one of the articles could be about the town meeting.
Discussion - FYI Items
City Manager Johnson presented to the Commission the follOwing "For Your Information"
items.
(1) Copy of a letter from Jon Gerster to the Design Review Board regarding the Community
Food Co-op expansion project.
(2) Copy of a letter from Jon Gerster to the Design Review Board regarding the Jacob's
Crossing project.
(3) Letter'from James Eggen, 416 North 21st Avenue~ voicing concern about the
pedestrian safety project under construction on North 20th Avenue, just south of West Beall Street.
(4) Memo from Superintendent of Facilities and Lands James Goehrung, dated February
13, regarding the reduced maintenance of City-owned ice skating rinks in the community.
(5) Copy of a memo from Director of Public Service Debbie Arkell to Sign Foreman Robbins
regarding the installation of no parking signs on the south side of West College Street between South
11th Avenue and South 19th Avenue.
(6) Copy of a memo from City Engineer Brawner, dated February 12, regarding the
Bozeman Solvent Site water line.
(7) Memo from Clerk of the Commission Sullivan, dated February 16, providing an update
on the workload in the office.
(8) Copy of a letter from the International Institute of Municipal Clerks to Clerk of the
Commission Sullivan, dated January 29, announcing her acceptance into the second level membership
of the IIMC Master Municipal Clerk Academy.
(9) Agenda for the Planning Board meeting to be held at 7:00 p.m. on Wednesday,
February 21, in the Commission Room.
(10) Agenda for the County Commission meeting which was held at 9:00 a.m. today at the
Courthouse.
(11) City Manager JohnsOn distributed copies of the Chamber of Commerce's weekly
legislative report, House Bill No. 587, and an e-mail message from Alec Hansen regarding that bill.
He discussed the provisions of House Bill No. 587 at length, identifying both the pros and cons of the
bill.
(12) The City Manager distributed copies of the Torchbearer Nominee Application for the
2002 Olympic torch run.
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Confirm commitment of monies from the special r)roiects fund for 50 percent of the costs of installin,q
fire lines along .Main Street between Grand Avenue and Rouse Avenue, in an amount not to exceed
$200,000
City Manager Johnson stated that, in light of discussions this morning between representatives
of the downtown area and the City's Engineering Department, he requested that this item be removed
form the Consent Items so the wording can be clarified.
Mr. Steve Schnee, representing the downtown special improvement district and the Downtown
Bozeman Association, requested clarification of the City's financial commitment to the installation of
fire lines along Main Street between Grand Avenue and Rouse Avenue, in conjunction with the
downtown special.improvement district. He thanked the Commission for i~s proactive stance by
providing a public/private partnership to upgrade the structures in the downtown area by bringing
them into compliance with the fire code. He noted that representatives from the downtown, City
Engineering and Fire Departments, Montana Department of Transportation and Stahly Engineering
have been. working very hard to coordinate the installation of these lines With the sidewalk
improvements to be installed under the special improvement district. They have evaluated the
individual properties along Main Street between Grand Avenue and Rouse Avenue, and the original
estimate of 44 non-compliant properties has been reduced to somewhere between 32 and 35
properties. He stated.that Stahly Engineering has estimated the costs per property at $9,665 on the
north side of the street and $12,100 on the south side of the street. In light of those figures, it
appears the City's .commitment of up to $200,000 will cover 50 percent of the costs.
Mr. SChnee stated that owners of 18 of the properties involved were present at this morning's
meeting and those property owners all indicated an interest in participating in the fire line installation
project. At that meeting, one of the property owners indicated that one of his properties is to be
included in the fire line project; however, the-basement of his other property issmall enough it is not
required to install fire line, and he would like to include it under this program if possible. He asked,
as a result of this request, that the offer to cover up to 50 percent of the costs be extended to those
who want to voluntarily comply with the installation of fire lines, provided that monies are available
under the $200',000 commitment.
Mr. Schnee stated that, given the fact that the fire lines have been added to the downtown
improvement project:and that they areto be installed prior to the sidewalks, it is very likely the project
will not be completed until 2002. He asked that the City's commitment be extended to include the
2002 construction season if the work is not completed in 2001.
Responding tO Commissioner BroWn, Mr. Schnee confirmed that the. requested extension of
the program to include basements not required to install fire lines would be limited to Main Street
between Grand Avenue and Rouse Avenue. He noted that those basements with less than 1,500
square feet are not required to be sprinkled; however,, it may be desirable to do so in some instances.
City Attorney Luwe voiced concern about including voluntary installations under this program,
particularly since there would be no guarantee that there would be any City monies available to help
defray the costs for those installations.
City Engineer Craig Brawner stated that, based on the information he has seen so far, it is not
clear the monies earmarked by the City are for basements over a certain Size. He cautioned that,
depending 'on how many property owners' wish to be involved,' there is a potential the City's
$200,000 commitment will not represent 50 percent of the project costs.
Mr. Schnee responded by suggesting'that the program be targeted to those not in compliance
first, with those wishing 'to voluntarily comply being included in the program, recognizing there may
not be adequate monies to provide the '50-Percent match.
Mr. Bert Hopeman, Chair of the DoWntown Bozeman Improvement District Board (IDB), stated
concurrence with Mr. Schnee's proposal.. He noted, however, the problem is that the engineer needs
to have an answer within the next three weeks to be able to include the information in the bid
documents. He recognized that this leadS to a timing conflict with the desire to get as much work
02-20-2001
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done this summer as possible. He cautioned that, if property owners with basements under 1,500
square feet are allowed to participate in this program, then all of them should be given the opportunity
to do so from a fairness standpoint.
City Attorney Luwe suggested that the Commissioners make clear in their motion to specify
that the 50-percent limit applies to each owner and each property and that the $200,000 is the
aggregate total.
Mr. Steve Schnee stated that, based on the inventory provided by the Fire Department, there
are five basements with less than 1,500 square feet.
Mr. Jon Gerster, 719 North Wallace Avenue, noted that Main Street is to be resurfaced within
the next few years and, once that occurs, there can be no street cuts for seven years. He stated that
this could place a burden on those property owners who may desire to make a change within that
seven-year period if they opt not to install a fire line at this time. He proposed that the program be
established so that it provides fire lines to non-compliant buildings first, with those wishing to
voluntarily participate being given the opportunity to do so at their own risk, and with the City's
contribution being distributed equally among them if there are any monies remaining. He stressed the
importance of those property owners in the second category recognizing there may not be any monies
left over to provide any kind of match.
City Attorney Luwe cautioned that the City cannot commit its monies across fiscal years. He
stated, however, that if the Commission enters into an agreement to fund a portion of the costs, it
must honor that commitment.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
Commission confirm its commitment to budget monies from the special projects fund for up to 50
percent of the costs of installing fire lines per owner per property along Main Street between Grand
Avenue and Rouse Avenue, in amount not to exceed $200,000 aggregate for all owners, for non-
compliant properties and then, if any monies are left over, that they be applied to compliant properties
under the same standards. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and
Mayor Youngman; those voting No, none.
..C. onsent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3424 - creating SlD No. 669 (lighting and sidewalk
improvements along Main Street in core business area)
COMMISSION RESOLUTION NO. 3424
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 669;
CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN
LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND
INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT
DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT
REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT
BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
Authorize City Manager to siqn Annexation Agreement with the personal
representatives of the estate of Roy T. Walton and Gene E. Cook - annex
35.379 acres described as COS No. 2085 (between Durston Road and West
Oak Street, immediately west of the Gallatin County Rest Home)
02-20-2001
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Commission Resolution No. 3425 - annexing 35.379 acres described as COS No. 2085
{between Durston Road and West Oak Street, immediately west of the Gallatin County
Rest Home)
COMMISSION RESOLUTION NO. 3425
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND,
HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
AND THE EXTENSION OF THE. BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT.
Commission Resolution No. 3426 - authorize City Manager to sign change Order No.
I for sludge mixing Project -.Christie Electric, Inc., Bozeman, Montana - add
$2,946.75 and 0 calendar days ·
COMMISSION RESOLUTION NO. 3426
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN~ MONTANA,
APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CHRISTIE ELECTRIC,
INC., BOZEMAN, MONTANA.
Authorize City Manager to si.qn Amendment No. 1 to Professional Services
Agreement for improvements to Burrup Lift Station - Morrison-Maierle, Inc.
Authorize City Manager to sign- Amendment No. I to Professional Services
Agreement for 1997 water replacement' projects - HKM Engineerin(~, Inc.
Authorize City Manager to sign - Amendment No. I to Professional Services
Agreement for water main extension, Bozeman Solvent Site - Allied Engineering
Services, Inc.
Authorize City Manager to sign 'Professional Services Agreement for traffic signal at
interseCtion of North 19th Avenue and Baxter Lane - Morrison,Maierle, Inc.
Building Inspection Division report for January 2001
Claims
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
Commission approve the Consent Items as listed, and authorize and .direct the appropriate persons
to complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner
Smiley and Mayor Youngman; those voting No, none.
Recess - 5:15 p~m.
MayOr Youngman declared a recess at 5:15 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor yoUngman reconvened'the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
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Continued public hearing - intent to annex 38.67 acres described as Tracts A-1 and A-2, COS No.
1827, lying in the E%,SW~4 ~ection 26, TlS, RSE, MPM (west side of intersection of North 19th
Avenue and Valley Center Road) (A-0007)
This was the time and place set for the continued public hearing on the intent to annex 38.67
acres, as requested by Michael Lilly on behalf of' Cape-France Enterprise under Application No.
A-0007, located along the west side of the intersection of North 19th Avenue and Valley Center
Road.
Mayor Youngman reopened the continued public hearing.
Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Jami
Morris. He noted that Valley Center Road bisects the subject parcel, with 28 acres on the west side
and 10.64 acres on east side of the roadway.
The Planning Director stated that this application has been reviewed against the goals and
policies in the City's annexation policy, and staff's comprehensive findings are contained in the
written staff report. He briefly summarized those findings, noting that staff has found the application
meets or, at least, does not conflict with the criteria in that policy. As a result, staff has
recommended approval of the annexation, contingent upon the following items being adequately
addressed:
¸1.
The Annexation Agreement, which addresses all terms placed on the
annexation application by the City Commission, shall be returned to the City of
Bozeman Planning & Community Development Department within one year of
a City Commission decision to annex the property, or annexation approval shall
be null and void.
The applicant shall submit an annexation map with a legal description of the
property and depicting the East Valley Center Road right-of-way and the
Yellowstone Pipeline easement, with the Annexation Agreement. The map
must be supplied on a mylar (18-inch by 24-inch), a reduced paper version and
a digital copy for City records and on either letter or legal size paper for
recording with the Annexation Agreement by the Gallatin County Clerk and
Recorder. The maps must be acceptable to the Director of Public Service.
The property owner(s) shall provide usable water rights, or cash-in-lieu thereof,
in an amount to be determined by the Director of Public Service, at the time of
subdivision, building permit or site plan approval for any development,
whichever occurs first.
At the time of connection to the City's water and sewer facilities, the
landowners shall pay all applicable water and sewer impact fees that are due.
The landowners and their successors shall pay all fire, street, water and sewer
impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended
at the time of application for any permit listed therein.
The Annexation Agreement should include notice that, prior to development,
the developer(s) will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with the City's
infrastructure master plans and all City policies and guidelines that may be in
effect at the time of development.
The owners shall record with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SlDs for the following:
a) A City-wide Parks Maintenance District; and
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b)
Street improvements including paving, curb/gutter, sidewalk,
storm drainage for East Valley Center Road and Hulbert Drive, and
any associated traffic signals for North 27th Avenue and East
Valley Center Road.
According to the Draft Greater Bozeman Area Transportation Master Plan,
2000 Update, Hulbert Road is designated as a collector street. Current
subdivision regulations require a right-of-way width of up to 80-feet for
collector streets. However, the Draft Transportation Master Plan recommends
a 90-foot right-of-way for future collector streets. Therefore, City Engineering
suggests that the property owner be required to grant easement to the City of
Bozeman for one-half of a 90-foot right-of-way (45-feet) for Hulbert Road prior
to or with the Annexation Agreement.
The property owner has entered into a Sanitary Sewer Pipeline Easement and
Agreement with the City dated June 30, 1992. The said document grants a
sanitary sewer easement to the City (grantee) in consideration of ten (10)
future single-family residential equivalent sewer taps without the City assessing
a hook-up or system development fee to the property owner (grantor).
The Planning Director noted that, since preparation of the staff report, City Engineer Brawner
has submitted a memo, dated February 12, suggesting that another item be added:
The property owner provide a 30-foot-wide easement for construction of the
solvent site water main, subject to review and approval by the City Engineer's
Office.
Mr. Lowell Springer, architect representing the applicant, stated general agreement with the
staff report, and indicated a willingness to respond to questions. He noted that the subject property
is now adjacent to city limits, and it is appropriate to annex the subject property.
Responding to questions from Mr. Springer, Planning Director Epple characterized the
revisions to the items listed above as proposed by Director of Public Service Arkell as minor. He then
confirmed that Item No. 7 could be revised to include, at the end, the phrase "in a location agreed
upon by the City Engineer and the Montana Department of Transportation"
No one was present to speak in opposition to the requested annexation.
Staff Attorney Patricia Day-Moore suggested'that, rather than including No. 9 in the motion,
the Commissioners simply direct staff to ensure that provision is addressed in conjunction with the
annexation agreement; the Commissioners concurred that it should be.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the
Commission authorize and direct staff to bring back an annexation agreement and resolution of
annexation for Commission consideration, upon the eight issues listed above, with No. 7 being
amended to include the phrase "in a location agreed upon by the City Engineer and the Montana
Department of Transportation". The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff
and Mayor Youngman; those voting No, none.
02-20-2001
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Continued public hearing - Zone Map Amendment - Cape-France Enterprise - establish an initial zonin.n
desionation of "B-2" on 38.67 acres described as Tracts A-1 and A-2, COS No. 1827, lyin~l in the
E½,SW%,Section 26, TlS, R5E, MPM {west side of intersection of North 19th Avenue and Valley
Center Road) (Z-0158)
This was the time and place set for the continued public hearing on the Zone Map
Amendment to establish an initial zoning designation of "B-2", Community Business, as requested by
Cape-France Enterprise under Application No. Z-0158, on 38.67 acres located along the west side
of North 19th Avenue at its intersection with Valley Center Road.
Mayor Youngman reopened the continued public hearing.
Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Jami
Morris. He stated that staff has reviewed this application in light of the criteria set forth in State
statutes and forwarded a recommendation for approval. The Zoning Commission conducted its public
hearing on January 17, 2001 and, following that hearing, concurred in staff's recommendation.
Responding to Commissioner Brown, the Planning Director stated that Zoning Commissioner
Rich Noonan forwarded a minority report, based on his feeling that "BP", Business Park, may be a
more appropriate zoning designation for this parcel. He indicated that the Master Plan identifies North
27th Avenue as the demarcation between commercial and non-commercial uses to the west. He
acknowledged that "BP" could serve as a transitional zone.
Responding to Commissioner Frost, the Planning Director reminded the Commission that,
during consideration of the zoning for the Amerimont parcel in this area, the City Attorney felt the
Commission did not have the flexibility to zone it "BP" instead of "B-2", particularly since the North
19th Avenue corridor master plan provides for general commercial, as distinguished from business
park.
Commissioner Frost noted that the City Planning Board is discussing the fact that the
commercial designation should not be extended this far north in the new master plan. He recognized
that the City is not yet operating under that plan; however, he agrees with Mr. Noonan's position.
Planning Director Andy Epple reminded the Commission that, under the North 19th Avenue
corridor master plan, all development is required to go through the planned unit development process,
thus, the differences between the two zones is somewhat minimized.
Mr. Lowell Springer, architect representing the applicant, stated that, during the Zoning
Commission meeting, Mr. Noonan did not seem to be strongly opposed to the requested "B-2" zoning
designation, rather, it appeared he simply wanted to make a point and realized that the requested
designation would, be approved without his vote. He encouraged the Commission to approve the
requested "B-2" zone, particularly since any development will be required to go through the planned
unit development process.
Mr. Springer provided a brief history of the subject property, noting that five years ago, the
"B-2" zoning designation was approved for this parcel, after the applicant could provide water
acceptable to the State to the subject site. The property owner proceed with design of a community
well system, and that plan was approved; however, the week before they were ready to begin drilling,
the property owner received a letter from the State cautioning that the subject property may be within
the solvent site plume. At that time, Mr. Cape abandoned his efforts to drill a well and turned them
toward extending the municipal water system to the parcel. That water main has now been installed;
however, the City Attorney's office has determined too much time passed between the approval of
the "B-2" zoning and the time the water main was installed, thus, this application has been submitted.
He concluded by encouraging the Commission to once again approve the requested "B-2" zoning
designation.
No one was present to speak in opposition to the zone map amendment.
02-20-2001
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Planning Director Epple suggested that, if the Commission is inclined to consider the "BP"
zoning designation, it delay the decision to give City Attorney Luwe an opportunity to provide his
input.
Commissioner Kirchhoff questioned why "PUD" could not be considered a zoning designation;
Planning Director Epple indicated that, while it is considered a zone in many communities, under
Bozeman's code, a planned unit development is considered a conditional use.
Staff-Attorney Day-Moore stated that City Attorney Luwe has researched the "BP" zoning
designation for this parcel and found it to be inconsistent with the master plan. She then cautioned
that the .2020 plan has not yet been completed and that the decision on this application must be
based on the master plan currently in effect.
Commissioner Frost asked that the decision on this application be delayed for a period of one
week.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
In light of Commissioner Frost's request, the decision will be placed on next week's agenda.
Staff report - request for annexation of 26.606 acres deScribed as a portion of the tract shown on
COS No. 115D - Brid.qer Headlands, LLC (along south side of Bridqer Drive, approximately % mile east
of its intersection with Story Mill Road) (A-0008)
Senior Planner Dave Skelton presented the staff report on the annexation requested by
Bridger Headlands, LLC, under Application No. A-0008, of 26.606 acres described as a portion of a
tract shown on Certificate of Survey No. 115D. The subject property is located along the south side
of Bridger Drive, approximately ~A mile east of its intersection with Story Mill Road.
The Senior Planner stated that this is on the agenda at the request for Bridger Headlands LLC.
He noted that, under the process of annexation by petition, no public hearing is required, but the
applicant wishes to give the public an opportunity to comment on the proposed annexation of the
subject 26 +-acre parcel.
Senior Planner Skelton stated that staff has reviewed this requested application in light of the
goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings
are contained in the written staff report. He briefly highlighted those findings and forwarded staff's
recommendation for approval, contingent upon the following seven items being adequately addressed:
The .Annexation Agreement shall include executed Waivers of Right to Protest
the Creation of Special Improvement Districts for:
Signalization improvements for the intersection of Bridger Drive
and Story Mill Road.
The document filed shall specify that in the event an S.I.D. is not utilized for
the completion of these improvements, the developer agrees to participate in
an alternative financing method for the completion of said improvements on a
fair share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development or
a combination thereof.
That the applicant execute at the Gallatin County Clerk & Recorder's Office a
waiver of right-to-protest creation of S.I.D.s for a City-wide Park Maintenance
District, which would provide a mechanism for the fair and equitable
assessment of maintenance costs for City parks as part of the Annexation
Agreement.
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That provisions for water rights or cash in-lieu of water rights in an amount
determined by the Director of Public Service be provided in the Annexation
Agreement whereby it is executed by the land owner prior to final subdivision
plat approval, final site plan approval, or issuance of any building permits,
whichever occurs first, prior to the City Commission adopting the Resolution
of Annexation and Annexation Agreement.
That the Annexation Agreement include notice that, prior to development, the
developer(s) will be responsible for installing any facilities required to provide
full municipal services to the property in accordance with the City's
infrastructure master plans and all City policies and guidelines that may be in
effect at the time of development.
That at the time of connection to the City's water and sewer facilities, the
landowners shall pay all applicable water and sewer impact fees that are due.
The land owners and their successors shall pay all fire, street, water and sewer
impact fees required by Chapter 3.24, I~ozeman Municipal Code, or as
amended at the time of application for any permit listed therein.
An Annexation Map with a legal description of the property shall be submitted
by the applicant for use with the Annexation Agreement. The map must be
supplied on a mylar for City records (18oinch by 24-inch), a reduced 8¼-inch
by 11-inch or 14-inch exhibit for filing with the Annexation Agreement at the
Gallatin County Clerk and Recorder, and a digital copy for the City Engineer's
Office. This map must be acceptable to the Director of Public Services and
City Engineer's Office, and shall be submitted with the signed Annexation
Agreement; and
That the applicant executes all contingencies and terms of said Annexation
Agreement with the City of Bozeman within one (1) year of approval by the
governing body, or annexation approval shall be null and void.
The Senior Planner stated that, to date, the only comments received pertain to subdivision
and development of the property, rather than to annexation or zoning.
Mayor Youngman noted, during concept plan review, the applicant forwarded a proposal for
Iow-density residential development but indicated a willingness to consider accessory dwelling units.
She asked if the annexation agreement could include the requirement that a certain percentage of
accessory dwelling units be provided, in a manner that integrates into the suburban/county
environment, particularly in light of the Iow density being proposed.
Mr. Van Bryan, Apogee Architects, applicant, stated he wants development of this parcel to
fit into the existing neighborhoods. He acknowledged that he offered to look at accessory dwelling
units as a way to increase the density somewhat, and voiced his preference for accommodating them
through the covenants and restrictions rather than requiring them through the annexation agreement.
Mr. Bryan stated there have been comments made about flooding of the property. He stated
that Bridget Creek crosses the road east of the subject property, and an historic ditch that runs across
the rear of this property was used to feed the Story Mill ditch. He noted that a document from a
long-time resident in the area reveals the 1981 flood .was the result of failure to take the headgate out
of Bridger Creek in the fall. The spring runoff then ran over the banks because too much water was
being diverted into the ditch. He stated that documentation from FEMA indicates this property is not
located in the 100 or 500-year floodplain. He indicated, however, that he is working with consulting
engineers to ensure groundwater and surface water are addressed in conjunction with development
of the site.
Responding to Commissioner Kirchhoff, Mr. Bryan stated that they have held one public
meeting, to which they invited neighbors. He noted that they had initially intended to develop in the
county; however, the County asked that they seek annexation and develop on City water and sewer
02-20-2001
13-
services. He stated they have requested "RS" zoning in conjunction with this annexation, to ensure
that development is compatible with the densities of existing development in the area. He also
indicated his intent to loop the water and sewer mains along the back of the property so that, when
septic systems along Hillside Lane fail, the property owners will have the option of seeking annexation
and connecting to the City's system.
Further responding to Commissioner Kirchhoff, Mr. Bryan stated that they considered a
number of different plans for developing the subject site, noting that their vision was to create a
residential development with a reduced number of ingress/egress points, no consistent wall of houses
along the street frontage, and preferably no yards backing onto Bridger Drive. The result is a
development with fairly large, broad cul-de-sacs, which will create houses sitting at various angles
to the road.
Mr. Joe Gunter, 1118 Bridger Drive, voiced his opposition to the requested annexation,
stating the result will be spot development. He also noted that Bridger Drive is a major state highway
with very poor policing, and traffic is "out of control". He stated that approval of this annexation
would lead to pockets of city and islands of county, which could lead to difficulties in dispatching
emergency services to the area. He questioned the wisdom of narrow roads and no sidewalks, and
stated that he has not previously seen the plan on display today. He stated that he helped hay this
land for several years, and there is a Iow spot that holds water in the spring where one of the cul-de-
sacs is proposed. He stated that in 1981, he had five feet of water in his basement; and it was
percolated groundwater, not surface floodwater. He concluded by recognizing that this subject parcel
will be developed some day, and asked that it be done in a manner compatible with the rest of the
area, which is one house per one acre.
Mr. Paul VanOrden, 1211 Hillside Lane, voiced his concern about flooding. He noted there
is already a significant amount of traffic on Bridger Drive and, if the subdivisions to the north begin
using this road as well, he is concerned about its intersection with Story Mill Road.
Mr. Art Morrow, 1505 Hillside Lane, stated it was his understanding this area would be
developed as one dwelling unit per acre; and this proposal indicates more units than that. He noted
his definition of high-density development is "ghetto"; and he does not feel this is an appropriate place
for that type of development. He indicated that he purchased the first one-acre parcel in this area and
it is on high ground, yet he has had water in the basement.
Ms. Kay Newman, 2200 Bridger Drive, stated that they have had percolated water in their
basement a number of times. She suggested that any houses built on the subject property be built
high and without basements. She recognized that the traffic on Bridger Drive is "ferocious", and
suggested that patrolling by the City police could possibly slow people down.
Mrs. Betty Bradley, 2202 Bridger Drive, stated she does not want to see any more than one
dwelling unit per acre constructed on the subject property. She noted that she lives on a frontage
road that serves five houses, and she feels that is preferable to every house having direct access onto
Bridger Drive.
Mr. Joe Gunter stated he is opposed to septic systems on the subject parcel, particularly in
light of the shallow wells in the immediate area. He concluded by reiterating his preference for a Iow-
density development.
Mayor Youngman stated her suggestion is for an owner-occupied single-family residence with
an apartment that is often occupied by a grandparent. She suggested that this type of development
would not be a significant change from the Iow-density suburban density being proposed. She
indicated that the questions about development of the property cannot be answered at this time;
rather, they can be answered during consideration of subdivision or a specific development proposal.
Mr. Bryan responded to some of the questions raised, indicating they are currently proposing
32 single-family lots on 26 acres, which is approximately % acre per unit. He recognized that the lots
will be smaller than that so amenities can be given back to the area, including landscaping and a linear
02-20-2001
14-
park with a trail along Bridger Drive for pedestrians and bicyclists, and an interior park for this
development.
Responding to Mayor Youngman, Mr. Bryan stated that the groundwater issues will be
addressed by his consulting engineers, in a manner that does not create artificial blocks or dams that
may negatively impact the surrounding area. He stated that groundwater tests are being conducted
this spring, and that issue will be addressed in the covenants and restrictions. He indicated that
basements will be restricted in this area; and foundations will be the height of the road adjacent to
the property at minimum. He noted that the plan for development will be subject to a planned unit
development review process; and his intent is to create a hybrid between county development and
city development.
Senior Planner Dave Skelton stressed that development of the site seems to be more of an
issue than annexation of the property, and noted that an application for subdivision will trigger full
review of many different items, including those which have been raised during this discussion. He
then indicated that property does not need to be contiguous to be annexed; however, under the City's
goals and policies, it must be within the water and sewer service boundaries.
Responding to questions from Commissioner Smiley, Mr. Bryan stated that, to keep the
development of this property compatible with the'neighbors, he has requested zoning for Iow-density,
single-family residential development; however, he feels that accessory dwelling units over garages
or mother-in~law apartments can be incorporated into the development in harmony with the area. He
voiced his preference for including this option as an incentive in the covenants for the development
rather than having it mandated.
Mayor Youngman voiced her support for incentives. She stated, however, that "R-S" zoning
doesn't make sense inside city limits without some type of density encouragement; and she feels that
requiring a modest number of accessory dwelling units is appropriate.
Commissioner Kirchhoff stated that, while he is generally sympathetic to the idea of
encouraging more density in development, he questions if this is an appropriate area to do so. He
concluded by indicating he is comfortable with Iow-density development on this parcel, particularly
in light of existing development.
Commissioner Frost voiced his preference for' leaving the issue of accessory dwelling units
to the property owners.
Commissioner Brown stated that, while he feels it would be'appropriate to include accessory
dwelling units in the development of this subject property, he does not want to include the
requirement in the annexation agreement.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission authorize and direct staff to bring back an annexation agreement and resolution of
annexation, contingent upon the seven items listed above being adequately addressed. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none.
Public hearing - Zone Map Amendment - establish initial zoning designation of "R-S" on 26.606 acres
described as a portion of the tract shown on COS No. 115D - Bridqer Headlands, LLC (along south
side of Brid.qer Drive, approximately %mile east of its intersection with Story Mill Road) {Z-00162)
This was the time and place set for the public hearing on the Zone Map Amendment, as
requested by Bridger Headlands, LLC, under Application No. Z-00162, to establish an initial zoning
designation of "R-S", Residential-Suburban, on 26.606 acres described as a portion of Certificate
of Survey No. 115D. The subject property is located along the south side of Bridger Drive,
approximately N mile east of its intersection with Story Mill Road.
Mayor Youngman opened the public hearing.
02-20-2001
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Senior Planner Dave Skelton presented the staff report, noting that establishing an initial
zoning designation is the second step in the process of developing the subject property. He stated
that the property was zoned "R-S" before the County assumed jurisdiction of the extraterritorial
jurisdiction; and it is presently zoned "R-S" under the County. He stated that, with annexation, the
City must implement a municipal zoning designation; and the applicant has requested "R-S" zoning.
The Senior Planner stated that staff has reviewed this application in light of the twelve criteria
set forth in State statutes; and staff's comprehensive findings are contained in the written staff report.
He briefly summarized those findings and forwarded staff's recommendation for approval, contingent
upon annexation. He indicated that the Zoning Commission considered this application at its February
6 meeting and concurred in staff's recommendation.
Mr. Van Bryan, applicant, indicated he has no additional comments at this time.
Mr.' Joe Gunter, 1118 Bridger Drive, voiced his opposition to the density of the proposed
development, stating that more than one house per acre is too dense for this area.
Senior Planner Skelton responded that the lots under this proposed zoning will range from
acre to I acre in size, which is not typically considered urban density.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
Commission approve the Zone Map Amendment, as requested by Bridger Headlands, LLC, under
Application No. Z-00162, to establish an initial zoning designation of "R-S", Residential-Suburban,
on 26.606 acres described as a portion of Certificate of Survey No. 115D, contingent upon the
following:
That the applicant formally execute the Annexation Agreement with the
Bozeman City Commission, annexing the subject property to the corporate
limits prior to formal adoption of said zone map amendment.
That the applicant submit, within thirty days of approval by the Commission,
a 24-inch by 36-inch mylar zone map titled "Bridger Headlands Zone Map
Amendment" and a digital copy to the Planning Office, containing the metes
and bounds legal description, total acreage, and adjoining rights-of-way and/or
street access easements.
That the ordinance for the Zone Map Amendment officially amending the zone
map shall not be drafted until the applicant provides a metes and bounds legal
description and map of the area to be rezoned and shall not be adopted until
the annexation process has been completed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those
voting No, none.
Public hearing - Conditional Use Permit - William Martel - allow expansion of a non-conforming usa
on Tracts 10 and 13, Bozeman Creek Annexation, with construction of a 50~foot by 64-foot pole barn
storage buildine (Martel Construction, 1203 South Church Avenue) {Z-00167)
This was the time and place set for the public hearing on the Conditional Use Permit
requested by William Martel under Application No. Z-00167, to allow for expansion of a non-
conforming use on Tracts 10 and 13, Bozeman Creek Annexation, with construction of a 50-foot by
64-foot pole barn storage building. The subject property houses Martel Construction and is located
at 1203 South Church Avenue.
Mayor Youngman opened the public hearing.
02-20-2001
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Associate Planner/Urban Designer John Sherman presented the staff report. He gave an
overview of the project, noting that the building materials currently stored on the other side of
Sourdough Creek are to be moved into the new pole barn storage building. He stated the new
building is to be located adjacent to the building for which a variance was approved a few years ago.
He noted that since construction of this building is an expansion of an existing non-conforming use,
it is subject to the conditional use process.
The Associate Planner stated that staff has reviewed this application in light of the applicable
criteria and has forwarded a recommendation for approval, subject to nine conditions.
Mr. Don Stueck, representing the applicant, stated that forms, form hardware and 55-gallon
barrels are to be stored inside, in addition to building materials; however, vehicles and trailers will still
be stored outside. He indicated that this new building will help to clean up the site and provide
greater security for the company's materials. He indicated that prefinished metal siding which
matches the existing buildings on the site will be used on the new building.
No one was present to speak in opposition to the requested conditional use permit.
Responding to Commissioner Frost, Mr. Stueck stated no lights will be added with this new
building; and the existing lighting on the site complies with the zone code.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
Conditional Use Permit requested by William Martel under Application No. Z-00167, to allow for
expansion of a non-conforming use on Tracts 10 and 13, Bozeman Creek Annexation, with
construction of a 50-foot by 64-foot pole barn storage building, be approved, subject to the following
conditions:
The applicant shall provide to the Planning Department written documentation
of compliance with all of the conditions of the previous variance approval.
Including the Montana Department of Natural Resources regarding any 310 or
404 permits regarding the stream corridor and the removal of concrete
material, and written documentation of compliance with the condition
regarding the limitation of vehicle and equipment storage to an area between
the creek and a line identified on the site plan as west boundary of variance.
The existing building materials which are currently being stored on the west side
of Sourdough Creek, as identified by the applicant in the submission, shall be
stored in this structure.
The proposed structure shall be painted or constructed to match the off white
or beige color of the existing Martel buildings.
The applicant must submit a final site plan within 90 days of preliminary
approval. Per Section 18.62.090, "Building Permits and Installation of
Improvements," an Improvements Agreement must be signed by the
applicant/owner prior to final site plan approval. If occupancy of any portion of
the building is to occur prior to completion of all required improvements then the
Improvements Agreement must be financially guaranteed through a letter of
credit at 1 ~ times the estimated cost of improvements. In any event, all
required improvements will be installed within 9 months of occupancy, unless
the City Commission grants a variance to the time limit.
The right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the Conditional Use Permit
procedure.
02-20-2001
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All of the special conditions shall constitute restrictions running with the land,
shall be binding upon the owner of the land, his successors or assigns, and shall
be recorded as such with the Gallatin County Clerk and Recorder's Office by the
property owner prior to the final site plan approval or commencement of the use.
All of the conditions specifically stated under any conditional use listed in this
title shall apply and be adhered to by the owner of the land, successor or
assigns.
All of the special conditions attached to this Conditional Use Permit shall be
consented to in writing by the applicant prior to commencement of the use.
The applicant shall confirm compliance with Section 18.50.120 (B) 9. Lighting.
That any proposed or existing lighting used to illuminate an off street parking lot
or structure shall be arranged as to reflect light down and away from adjoining
properties.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman;
those voting No, none.
Adjournment - 8:45 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Frost, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Frost, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting
No, none.
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
MARCIA B. YOUN~or
02-20-2001